Prior to April 6th, 2014, bailiffs and enforcement agents operated under less stringent regulations. Consequently, unethical collection agencies would exploit debtors by engaging in practices such as surprise seizures of goods, inflating collection fees, and occasionally seizing more assets than required to settle the debt.

Following a comprehensive industry review, the government implemented a set of well-defined rules and regulations that significantly improved clarity and fairness and reduced the potential for abuse in the process.

1st stage – Compliance

This stage lasts for a period of seven consecutive days, referred to as “clear days.” It commences upon your receipt of a written warning, known as a Notice of Enforcement, which notifies you of the agency’s intention to visit your premises for the purpose of seizing assets. If you are unable to reach an alternative payment agreement during this stage, the process will proceed to the next phase.

Fee £75

2nd stage – Enforcement

In the event that you fail to settle the debt or establish a payment arrangement during the Compliance stage, an Enforcement Agent will visit your property. Their objective will be to either seize your assets or take control of them for future removal. It is important to note that if the agency is enforcing multiple Liability Orders or Warrants of Control against you, they can only impose this fee once.

Fee £235 (plus 7.5% of the value of the debt that exceeds £1,500.00).

3rd stage – Sale

The fee in question is imposed when the Enforcement Agent carries out the physical removal of the controlled goods and undertakes the necessary preparations for their subsequent sale. Additionally, during this stage, they are authorized to levy charges for related expenses, such as storage fees or fees incurred for locksmith services.

Fee: £110 (plus 7.5% of the value of the debt that exceeds £1,500.00).

What documentation do Bailiffs have to provide?

There is no opportunity for uncertainty now when compared to the past when Enforcement Agencies would frequently have been vague or inconsistent with the information they provided before visiting you or seizing goods—unclear fees, and undated letters, among similar things.

The notifications that enforcement officers must adhere to under the new regulations are as follows:

Notice of Enforcement

• The amount of debt owed including the first-stage compliance fee of £75.
• Additional fees will need to be stated on the documentation if payments are not met on time.
• If the payment plan isn’t adhered to, a date will be in place for when the bailiff will visit.
• The date on which the debt has to be paid in full or payment plan arrangement.

Controlled Goods Agreement

• A detailed list of what goods are entering The Controlled Goods Agreement, including item specifics like what colour, date, model, serial numbers, and other identifying marks, etc.
• The Documentation must be signed by the debtor or a person that is authorised on behalf of the debtor.
• The total cost of seizing the goods.
• A breakdown of the total amount outstanding (including fees raised by the bailiffs) The Compliance & Enforcement Stage fees plus any other expenses.
• A clear explanation regarding the removal of goods if the payment agreement is broken.

Warning of immobilisation

• This documentation has to be provided if a vehicle has to be clamped.  
• Must be signed by the bailiff/enforcement agent.

Notice of intention to re-enter the premises

• This will be sent if the Control Goods Agreement payment plan is not kept up to date.
• This will advise the bailiff to re-enter the premises to ‘remove them for sale’ or ‘inspect the goods’
• The Control Goods Agreement has been breached and must be stated in this document.

Notice after entry or taking control of goods (on a highway) and inventory of goods taken into control.

• In order to take control of a vehicle on a highway or to enter a premises this document must be sent to the debtor.
• Payments to be made by a specific date or time must be clear.
• Only until payment is made in full will goods be released (or upon signing a payment arrangement with the enforcement agent)
• A signature of the bailiff/enforcement agent will be required.

Notice that goods have been removed for storage or sale.

• When goods are actually removed this document must be provided.
• All fees must be outlined and charged to date including any ‘expenses’ in addition to the daily or weekly storage fee.
• Goods will not be sold if payment in full is received which will then allow the goods to be collected.
• A signature of the bailiff/enforcement agent will be required.

Inventory

• This advises that the goods have been ‘taken into control’
•  requires the signature of the bailiff/enforcement agent.

Notice of sale

• This must be provided prior to the sale of goods.
• Any co-owners must be named including all fees charged and any expenses.
• must include details of the date, time, and place of the proposed sale.
• must list the goods (model, serial number etc.) and their ‘valuation’
• the sale is conditional on the reserve price being met. If this condition is not met, a new time and place of sale must be given in a further notice.

Notice of abandonment of goods

• This will inform you that the goods listed have been formally abandoned and that you may collect them.
• reason for abandonment will be because the debtor or co-owner was not given notice of the sale within the period required by law.
• Goods must be collected within 28 days of the date provided.